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Constitutional Petitions Nos.D-373 (Karachi) and D-42 of 1986 (Hyd.), decided on 23rd April, 1986.
---Art.199--Sind Irrigation Act (VII of 1879), Ss.22 & 23--Order releasing irrigation water for out-of-commanded area passed without notice to petitioner as required under Ss.22 & 23 of Irrigation Act, 1879--Such order, held, was passed without lawful authority and was of no legal effect--Fresh orders could be passed after giving notice and hearing, to petitioners and others.
Muhammad Ismail H. Memon for Petitioner.
Rochi Ram for Respondent No.3.
Date of hearing: 23rd April, 1986.
--By this petition under Article 199 of the Constitution, order dated 18th December, 1985 communicated to the Chief Engineer, Irrigation, Sukkur Barrage by the Section Officer (CPI) for Secretary to Government of Sind alongwith the share list (Annexure 'A') whereby the approval accorded to the release of the irrigation water for out of commanded area, measuring 20 acres in Deh Telh, from W.C. 1-AL ex Thar Canal to respondent No.3, has been impugned.
2. It is the case of the Petitioner that the above order has been passed without any notice to her as required under Sections 22 and 23 of the Irrigation Act 1879.
3. Mr. Rochi Ram fairly conceded that no notice was served on the Petitioner. He however, submitted that certain other interested parties did plead the cause of the petitioner. In our view it was not sufficient. Notice should have been given to the Petitioner according to law.
3. We would therefore, declare that the impugned order has been passed without lawful authority and is therefore, of no legal effect. The respondents may pass fresh order after giving notice of the application to the Petitioner and other interested parties and after hearing such of them as may choose to appear pursuant to the notice.
4. The parties are left to bear their own costs.
S.Q./A-55/K Petition allowed.
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